TEXACO, INC. v. FEDERAL POWER COMMISSION

Nos. 71-1560, 71-1561, 71-1603, 71-1612, 71-1627, 71-1647, 71-1722, 71-1727 and 71-1729.

474 F.2d 416 (1972)

TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty, et al., Intervenors. CONSOLIDATED GAS SUPPLY CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty et al., Intervenors. James M. FORGOTSON, Sr., an Independent Natural Gas Producer, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mrs. James R. Dougherty et al., Texaco, Inc., Intervenors. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texaco, Inc., Intervenor. INDEPENDENT NATURAL GAS ASSOCIATION OF AMERICA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. WARREN PETROLEUM CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. TENNESSEE GAS PIPELINE COMPANY, a Division of Tenneco, Inc., Petitioner, v. FEDERAL POWER COMMISSION, Respondent. PHILLIPS PETROLEUM COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, TEXACO, INC., Intervenor. v. TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 1972.

Rehearing Denied February 5, 1973.


Attorney(s) appearing for the Case

Mr. Michael J. Manning, Atty., F.P.C., for respondent. Messrs. Gordon Gooch, Gen. Counsel, Leo E. Forquer, Solicitor, and George W. McHenry, Jr., First Asst. Solicitor, F.P.C., were on the brief, for respondent. Mr. J. Richard Tiano, First Asst. Solicitor, F.P.C., at the time the record was filed, also entered an appearance for respondent.

Mr. Benjamin F. Vaughan, III, Austin, Tex., with whom Mr. R. James George, Jr., Austin, Tex., was on the brief, for intervenors Mrs. James R. Dougherty and others.

Messrs. J. Donald Annett, Houston, Tex., and Kirk W. Weinert, Washington, D. C., were on the brief for petitioners in No. 71-1560 and No. 71-1729 and Intervenor, Texaco, Inc.

Messrs. Norman A. Flaningam, Charles R. Brown, and Richard J. Connor, Washington, D. C., were on the brief, for petitioners in No. 71-1561.

Mr. Edward H. Forgotson, was on the brief, for petitioners in No. 71-1603.

Messrs. Norman A. Flaningam, Charles R. Brown, and Richard J. Connor, Washington, D. C., were on the brief, for petitioners in No. 71-1561.

Messrs. L. Dan Jones and William I. Powell, Washington, D. C., filed a brief on behalf of the Independent Petroleum Assn. of America, as amicus curiae urging affirmance.

Messrs. Philip R. Ehrenkranz, Washington, D. C., and Clyde O. Martz, Denver, Colo., filed a brief on behalf of Anderson Oil Co. and others and Hickerson Oil Co., and others as amici curiae urging affirmance.

Mr. Richard A. Solomon, Washington, D. C., with whom Messrs. Peter H. Schiff, Albany, N. Y., and Saul W. Baernstein, were on the brief, for petitioner in No. 71-1612.

Mr. Christopher T. Boland, Washington, D. C., with whom Messrs. Robert G. Hardy and Jerome J. McGrath, Washington, D. C., were on the brief, for petitioner in No. 71-1627, also argued for petitioners in Nos. 71-1561 and 71-1722.

Mr. John T. Ketcham, Washington, D. C., with whom Messrs. Kenneth Heady, Bartlesville, Okl., Warren M. Sparks, Tulsa, Okl., Charles E. McGee and Robert J. Haggerty, Washington, D. C., were on the brief, for petitioner in Nos. 71-1647 and 71-1727, also argued for petitioners in Nos. 71-1560 and 71-1729.

Before FAHY, Senior Circuit Judge, and ROBINSON and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

Petitioners seek review of orders of the Federal Power Commission1 in Docket No. R-393, a rulemaking proceeding instituted by a Notice2 entitled "Exemption of Small Producers From Regulation."3 These orders exempted all existing and future sales by "small producers"4 from direct rate regulation. Small producers could, thereunder...

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